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Third Edition

Elgar European Law series

Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book’s reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject.

Chapter 20: Succession on death

Monograph Chapter

Extract

From 17th August 2015, succession to property on death will be governed, in most of the Member States, by EU Regulation 650/2012 on Jurisdiction, Applicable Law, Recognition and Enforcement of Decisions and Acceptance and Enforcement of Authentic Instruments, in Matters of Succession, and on the Creation of a European Certificate of Succession, which may conveniently be referred to as the Succession Regulation. By Articles 83(1) and 84, the Regulation will become applicable on 17th August 2015, and will apply to the succession of persons who die on or after that date. Some transitional provisions, specified by Article 83(2)–(4), will apply where a will was made before, but the deceased died after, the commencement date. The Regulation will not be applicable in the United Kingdom, Ireland and Denmark, but will be applicable in the other 25 Member States. Chapter I (Articles 1–3) of the Succession Regulation deals with its scope and provides some definitions. Chapter II (Articles 4–19) deals with judicial jurisdiction. Chapter III (Articles 20–38) deals with choice of law. Chapter IV (Articles 39–58) deals with the recognition and enforcement of judgments. Chapter V (Articles 59–61) deals with authentic instruments and court settlements. Chapter VI (Articles 62–73) deals with the European Certificate of Succession. Chapter VII (Articles 74–84) deals with such matters as the relationship of the Regulation with other legislation, and its entry into force and transitional operation.

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